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64
 
PA   TownshipNews
 
MARCH 2008
L
and use and open spaceplanning are hot topics inmany townships these days.In fact, developers oftenrun up against a commu-nity’s desire to preserve itsgreen spaces and rural character. It isless common to hear that citizens areresisting development because they feara loss of historic resources. Yet, underPennsylvania law, such as the LocalHistoric District Act of 1961 and theHistory Code of 1988, townships areauthorized and, in some cases, requiredto consider the preservation of historicresources when planning future devel-opment.
The evolution ofhistoric preservation
The historic preservation move-ment in America remains a relativelyrecent phenomenon, as evidenced bythe fact that such secular shrines asMount Vernon and Monticello weresimply allowed to deteriorate until pri-vate restoration efforts saved them inthe late 19
th
century. This may be inpart because, until relatively recently,Americans have viewed their countryas being “new.” Unlike the “Old World”of Europe, with its castles, cathedrals,and ever-present sense of the past,America was focused confidently on thefuture. There seems to have been a tacitunderstanding among our predecessorsthat buildings, regardless of their archi-tectural or historic significance, wereinherently impermanent. A similar at-titude prevailed with natural resources,which were frequently exploited for pri-vate gain without restraint or acknowl-edgment of the need to conserve themfor future generations.The first American proponents of historic preservation were found amongthe private patriotic organizations thatbloomed in the late Victorian era. Theyincluded such groups as the MountVernon Ladies Association and CivilWar veterans who took steps to preservebattlefields as shrines to their fallen com-
PRESERVING PENNSYLVANIA’S HISTORY 
 Townships Must Consider Historic Resources When Planning for Future
HISTORICPRESERVATION
Land use planning is a major concern in many townships today and requires elected of 
fi
cials, planning commissions,and others to carefully weigh development gains againstopen space losses. However, natural features are no longer the only resources townships must consider when planning  their communities’ future. Under Pennsylvania law, town-ships must also take into account the preservation of his- toric resources in the course of land use planning.
BY 
SAMUEL C. SLAYMAKER III, ESQ
. /SLAYMAKER HERITAGE LAW
 
rades. Thus, the initial focus of historicpreservation was on buildings and sitesassociated with great men and events.The Progressive Era of the early20
th
century saw the federal govern-ment take its first major steps topreserve America’s most significantbuildings and historic sites, along withsome of the nation’s greatest natural re-sources. President Theodore Rooseveltsigned the Antiquities Act of 1906to designate as national monumentshistoric structures and sites on federalland, and the National Park Servicewas established in 1916 to oversee bothnational parks and federal historic sites.As the 20
th
century progressed, stategovernments also began to identifyand protect their historic resources. Bymid-century, Pennsylvania had estab-lished the Pennsylvania Historical andMuseum Commission to erect historicalmarkers, oversee a system of state mu-seums, and act as the liaison with theU.S. Department of the Interior for the National Register of Historic Places.Over the last 50 years, the definitionof “historic resources” has expandedfrom sites and buildings associated withgreat men and events to a far broader,almost environmental approach. A va-riety of sites and structures that help usunderstand how our predecessors livedand worked may now be consideredhistoric resources. Modest structures,once considered insignificant, may beeligible for the National Register of Historic Places if, for example, they aresufficiently related to such phenomenaas the Underground Railroad, Pennsyl-vania’s industrial past, or early patternsof settlement.The focus in the historic preserva-tion movement has gradually shiftedfrom the preservation of individual his-toric sites to the preservation of thosefeatures that provide each municipalitywith its unique character and identity,or “sense of place.” Consequently, his-toric preservation considerations shouldplay a central role in any comprehen-sive plan that seeks to maintain theunique character of a community whileaccommodating growth and change.
Historic preservationin Pennsylvania
The public interest in preservinghistoric resources and a sense of placeis well-established in Pennsylvania law.The Local Historic District Act of 1961authorized municipalities to “createand define, by ordinance, a historic dis-trict or districts within the geographiclimit or limits of such political subdivi-sion.” The 1971 Environmental RightsAmendment to the PennsylvaniaConstitution provides that “The peoplehave a right to clean air, pure water, andto the preservation of the natural, sce-nic,
historic
and aesthetic values of theenvironment.”
(emphasis added)
With the enactment of the Pennsyl-vania History Code of 1988, the com-monwealth sought to add “teeth” to thebroad provisions of the EnvironmentalRights Amendment. Among its otherprovisions, the code charges the stateand municipalities with preserving his-toric resources within their jurisdiction.For example, Section 507 requiresstate agencies and political subdivisions
Townships are requiredby several state laws toprovide for the preserva-tion of historic areasand structures, such asthe 125-year-old Lutz-Franklin schoolhouse inLower Saucon Township,Northampton County(above), and this historicbarn in Gregg Township,Centre County (left).
COURTESY OF THE CENTRE COUNTY HISTORICAL SOCIETY COURTESY OF THE LOWER SAUCON TOWNSHIP HISTORICAL SOCIETY 
Historic preservation considerationsshould play a
central role
in any
comprehensive plan
that seeks to
maintain
the
unique character
 of a community while accommodating 
growth and change.
MARCH 2008
PA   TownshipNews
65
 
 
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PA   TownshipNews
 
MARCH 2008
to notify potential permittees, contrac-tors, and others whose activities may af-fect archaeological sites that the cost of surveys or field investigations should beincluded in their bids or permit applica-tions. It also requires those agenciesand political subdivisions to notify thePennsylvania Historical and MuseumCommission “before undertaking anyCommonwealth assisted, permitted, orcontracted projects” that affect or mayaffect such a site. Virtually any historicsite may be considered a potential ar-chaeological site.In addition, Section 510 of the His-tory Code requires townships to consultwith the commission “on the designand proposed location of any project,building, or other undertaking financedin whole or in part by Commonwealthfunds which may affect the preservationand development of a district, site, orbuilding listed on or eligible for the Na-tional Register of Historic Places.” Thiswould include any road improvementprojects that use PennDOT funding,such as liquid fuels.Perhaps the most significant provi-sion of the History Code is Section 512,which provides legal standing to any“person or other legal entity” to “main-tain an action in an administrativetribunal or court for the protection orpreservation of any historic resource inthis Commonwealth.” Because the term“historic resource” is not defined in theact and remains largely undefined byappellate case law, this provision wouldappear to give broad standing to almostanyone who wishes to sue to protectsomething that he or she considers a“historic resource.”
HISTORICPRESERVATION
The Pennsylvania MunicipalitiesPlanning Code also contains bothpermissive and mandatory provisionsfor historic preservation. Among thepermissive provisions are Section 603(b)(5), which states, “Zoning ordinanc-es … may permit, prohibit, regulate,restrict, and determine protection andpreservation of natural and
historic
re-sources.”
(emphasis added)
Section 605 permits zoning provi-sions “for the regulation, restriction, orprohibition of uses and structures at,along, or near … places having uniquehistorical, architectural, or patrioticinterest or value” and allows for the cre-ation of historic preservation “overlayzones” to permit regulations and restric-tions on specific classes of historicallysignificant buildings in the township.Amendments made to the MPCin 2000 include some of the followingmandatory provisions:• “Zoning ordinances shall providefor protection of natural and historicfeatures and resources” [Section 603(g)(2)];• “The provisions of zoning ordi-nances shall be designed: 1) to promote,protect and facilitate … preservation of the natural, scenic, and historic valuesin the environment” (Section 604); and• “The municipal … comprehensiveplan … shall include, but not be limitedto, the following basic elements: … 6) Aplan for the protection of natural andhistoric resources to the extent not pre-empted by Federal or State law.” (53 P.S.10301)A 2002 amendment included thefollowing language to the preamble of the MPC: “It is the intent, purpose, andscope of this act to protect and promotesafety, health, and morals … to promotethe preservation of this Common-wealth’s natural and
historic resources
 and prime agricultural land.” (53 P.S.10105)Consequently, Pennsylvania town-ships are not simply
authorized
to pro-
 Pennsylvania townships are not simply
authorized
to provide for
historic preservation
 in their zoning and comprehensive planning — they are
required
to do so.
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